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Constitution of London Borough of Waltham Forest PART 8 Contracts Procedure Rules
Page 1 Part 8 Contracts Procedure Rules Sept 2013 Draft
Appendix 1
Part 8 - Contract Procedure Rules
1. Introduction
1.1. These Contract Procedure Rules (the Rules) apply to the procurement of
works, goods and services by the Council. They are intended to ensure
that a contract is entered into only in circumstances which can
demonstrate:
• Certainty in the terms of the contract
• Consistency in the application of the law and Council policy
• Probity
• Value for money
To achieve these objectives these rules must be followed every time the
Council commences a procurement and/or enters into a contract. Contract
Procedure Rules are made under section 135 of the Local Government
Act 1972. The following types of procurement do not fall within the scope
of the Rules:
1.1.1. Contracts of direct employment;
1.1.2. Contracts solely for the acquisition, disposal, lease or rental of
land, existing buildings, other immovable property which are
subject to the Property Procedure Rules (Constitution, Part
8)(NB: Some property transactions may fall within the EU
Procurement regime so legal advice should be taken);
1.1.3. the instruction of barristers
1.1.4. specialist professional services necessary for legal proceedings
(including expert witnesses, experts, mediators, adjudicators,
arbitrators and costs draftsmen);
1.1.5. unconditional grants by the Council.
Constitution of London Borough of Waltham Forest PART 8 Contracts Procedure Rules
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1.1.6. An immediate need that is created by a sudden, unforeseen, real
and demonstrable genuine emergency beyond the control of the
Council that requires immediate action to protect the interests of
the Council (NB: Lack of sufficient planning and/or internal
process delays will not constitute special, exceptional or
emergency circumstances);
1.1.7. Individual care packages or education placements, it is
considered in the Council’s interest or is required to meet
obligations under the relevant legislation.
1.1.8. Adult social care service packages managed by the Council on
behalf of a client under the Personalisation agenda e.g. Managed
accounts & Direct Payments/Individual budgets
1.2. The Council recognises the benefits to be gained from the introduction of
e-tendering, e-auctions, e-reverse auctions, purchasing cards and e-
purchase-to-pay software. For the purposes of the Rules, the term
“Contract” refers to both paper/hard copy documents and processes and
their replication by electronic media. Only e-tendering systems approved
by the Assistant Director Procurement and Commissioning may be used.
1.3. References to officers or posts in these Rules include their authorised
deputies or delegates.
1.4. No Contract shall be entered into, nor any tender invited, unless provision
is made in the annual budget or is otherwise agreed for the proposed
expenditure by the officer with appropriate delegated authority
Officers’ Responsibilities: Conduct, Conflicts of Interest &
Corruption
1.5. All Contracts procured under these rules >£1,000 will be undertaken using
the Council’s e-tendering system unless otherwise agreed by the
Assistant Director Procurement and Commissioning,
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1.6. These Rules are mandatory for all Council Contracts. All officers must
follow these Rules in full, except where a valid waiver under 1.8- 1.10
has been obtained. Failure to do so may constitute misconduct leading
to disciplinary action. If any officer witnesses or identifies a failure to
comply with these Rules, they should raise it with their manager or report
it confidentially under the Council’s Whistle blowing Policy.
1.7. The Code of Conduct for employees applies to the procurement of all
Contracts and, in particular, the following parts:
1.7.1. 4.3 – Relationships with Contractors
1.7.2. 7 – Personal interests
1.7.3. 8 – Equalities
1.7.4. 9 – Separation of roles in tendering
1.7.5. 10 – Corruption
1.7.6. 11 – Use of financial Resources
1.7.7. 12 – Gifts and Hospitality
1.7.8. 13 – Sponsorship – Giving and Receiving
It is every officer’s responsibility to be aware of and act in accordance with
the Code of Conduct. If in any doubt, officers must seek advice from their
manager or Human Resources. All officers engaged in a procurement
process shall comply with the Code of Conduct and must not invite or
accept or offer any gift or reward in respect of the award or performance
of a Contract. High standards of conduct are obligatory. Corrupt behaviour
will lead to dismissal and is a crime under the Bribery Act 20101 and
section 117 of the Local Government Act 1972.
1 reference the councils anti bribery policy: http://www.walthamforest.gov…/anti-bribery-policy-stmt.pdf
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Application & Waiver of the Rules
1.8. These Rules apply to all Contracts entered into by or on behalf of the
Council, except where waiver of all or part of the Rules is approved.
Waivers should only be sought in exceptional circumstances given the
general presumption that competition is the best way to demonstrate best
value (see Rule 4.1) and the tendering thresholds set out in Rule 6.2. The
Council must comply with the requirements of the Public Contract
Regulations 2006 (as amended) and it is not possible to waive the
requirements of the Regulations. Waivers may be approved:
1.8.1. by the relevant Executive Director (or, where unavailable, the
Chief Executive) for all Contracts with estimated value of up to
£75,000;
1.8.2. by Cabinet or the Leader for all other Contracts. If the decision is
a Key Decision then the rules relating to Key Decisions must be
followed including placing notice of such Key Decisions on the
Council’s Forward Plan.
In cases of urgency relating to Key Decisions the Access to
Information Rules apply (urgent decisions not on the Forward
Plan), the Leader or in his/her absence the relevant Portfolio
Holder may make the decision subject to the rules relating to
such urgent decisions.
1.9. The Rules will only be waived where it can be shown:
1.9.1. the decision does not fall within Rule 8 (exceptions to competitive
tendering)
1.9.2. the Council’s overall interests, including best value, are met by
waiving all or part of the Rules, and
1.9.3. the agreement of the Assistant Director Procurement and
Commissioning is obtained.
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1.10. The Head of Service requesting the waiver must keep a written record of
any waiver of the Rules and send a copy to the Assistant Director
Procurement and Commissioning using the standard form for waivers of
the Rules published from time to time by the Assistant Director
Procurement and Commissioning.
Guidance and Advice
1.11. Guidance on these Rules and procurement is set out in the Council’s
Procurement Manual2.
1.12. Advice on the application of these Rules should be obtained from the
Assistant Director Procurement and Commissioning and/or the Head of
Legal and Democratic Services.
2. Interpretation
2.1. The Head of Legal and Democratic Services shall make all decisions
relating to the interpretation of these Rules.
2.2. These Rules shall be interpreted subject to current European Union (EU)
and domestic law relating to public sector works, supplies or services
Contracts. Where there is any conflict between these Rules and the law
(whether domestic or EU law), the latter shall prevail.
3. Record Keeping
3.1. Services must keep a record of compliance with all stages of these Rules,
preferably in electronic format. Records should ordinarily be kept by the
relevant Contracts manager and should be retained in accordance with
the periods set out in the Council’s Records Retention Schedule3. If
records are kept in electronic format only, they must be kept in the same
electronic folder and scanned copies of hard copy documents must also
be retained on the folder. Services must have systems in place to ensure
2 The Councils Procurement Manual can be found at: http://forestnet.lbwf.gov.uk/index/finance-
procurement/pm-interactive-procurement-manual.htm 3 http://forestnet.lbwf.gov.uk/index/lds/cor-rrs.htm
Constitution of London Borough of Waltham Forest PART 8 Contracts Procedure Rules
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that authorised officers can readily access all files. Where it is necessary
to keep original paper documents, such as a signed Contract, a hard copy
file must also be maintained.
3.2. For Contracts over £75,000 in value the original Contract, when
completed must be sent to, or will be retained by, the Head of Legal and
Democratic Services for secure storage.
4. Presumption of Competition for Contracts
4.1. The Council has a statutory duty to secure best value, which includes a
contribution to the achievement of sustainable development. The
Council’s presumption is that best value is achieved through competitive
tendering. All Contracts shall be competitively tendered, except where
allowed by these Rules or a waiver is agreed under Rule 1.
5. The Public Services (Social Value) Act 2012
5.1 Before beginning the commissioning process for the supply of any
services Authorised Officers must consider whether the Public Services
(Social Value) Act 2012 applies to the services. Where it does apply
Authorised Officers must make the following considerations at the pre-
procurement stage:
• how what is proposed to be procured might improve the economic,
social and environmental well-being of the “relevant area”;
• how in conducting a procurement process the Council might act with a
view to securing that improvement; and
• whether to undertake a consultation on these matters.
6. Procurement Thresholds
6.1. The procurement requirements in the table below apply according to the
estimate total value of the Contract. The procurement requirements below
are minimum requirements. For all Contracts of any value, services
should consider whether a formal tendering process is appropriate.
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6.2. For Contracts over a term of years, the value of the Contract is the total
value over the whole Contract including any potential extensions, not its
annual value.
6.3. It is not permissible to disaggregate a Contract in order to circumvent the
requirements of these Rules that relate to competitive tendering.
Estimated Contract Value Procurement Requirements
Up to £5,000 At least one written quotation must be received. Where practicable an eligible quotation from a local supplier must be sought. Best value must be obtained and framework and other corporate agreements, where they exist, are used. (Managers must retain sufficient evidence to demonstrate compliance).
All quotations over £1,000 must be via the Council’s e-tendering system. For under £1,000 written evidence of expenditure must be retained e.g. invoice receipt etc.
Contracts from £5,001 to £20,000
At least two written quotations must be received. Where practicable an eligible quotation from a local supplier must be sought. Best value must be obtained and framework and other corporate agreements, where they exist, are used (Managers must retain sufficient evidence to demonstrate compliance and best value,
e.g. by confirmation of oral quotations in writing). If less than two quotes are received the Divisional Director or Head of Service must approve the award. The decision must be recorded in writing and all documentation supporting the decision retained.
Contracts from £20,001 to £75,000 (for supplies and services) or £500,000 (for works):
At least three written quotations must be received. Where practicable an eligible quotation from a local supplier must be sought. Best value must be obtained and framework and other corporate agreements, where they exist, are used (Managers must retain sufficient evidence to demonstrate compliance and best value, e.g. by confirmation of oral quotations in writing). If less than three quotes are received the Divisional Director or Head of Service must approve the award subject to discussion with the Assistant Director of Procurement. The decision must be recorded in writing and all documentation supporting the decision retained.
Contracts above £75,000 (for supplies and services) or £500,000 (for works)
Competitive tendering via ProContract by advertising in accordance with Rule 9.2 and, where applicable, all EU procurement rules apply.
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7. Competitive Dialogue, Negotiated and Framework Contracts
7.1. When a service considers that the competitive dialogue or negotiated
route is the preferred method of procurement, the Head of Legal and
Democratic Services and the Assistant Director Procurement and
Commissioning must be consulted before submission of the business
case required in accordance with Rule 9.
7.2. Framework agreements may be used to procure goods, services and
works subject to approval by the Assistant Director Procurement and
Commissioning that a particular framework is acceptable to the Council.
This includes those available from other Local Authorities or Public sector
bodies for use within the Council following an assessment of the terms of
the framework ensuring that it offers best value and legal compliance. You
must check the Councils Contract register seeking advice from Corporate
Procurement to see if there is an existing Contract or a framework
agreement that has been approved for use within the Council suitable for
the proposed procurement.
7.3. Not all frameworks agreements are established in the same way and so
when using a framework it is necessary to follow the process applicable to
that particular framework. This may include, for example, holding a mini-
competition between Contractors appointed under the framework. It is the
responsibility of the officer letting the Contract to ensure that the proper
process is followed, taking advice from the Assistant Director Procurement
and Commissioning and/or the Head of Legal and Democratic Services as
necessary.
8. Exceptions to Competitive Tendering
8.1. Competitive tendering or the obtaining of quotes is not required where:
8.1.1. A legally compliant framework agreement is in place which the
Council has procured or has the right to access (subject to
Constitution of London Borough of Waltham Forest PART 8 Contracts Procedure Rules
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complying with the rules applicable to that framework (see Rule
7.3 above));
8.1.2. Effective competition is prevented by government or statutory
control;
8.1.3. the goods, services or works are only available from a single
supplier or are available only at a fixed price and no suitable
alternative is available;
8.1.4. Any repairs, services or works to be executed or parts, goods,
materials or services to be supplied in connection with existing
machinery, vehicles, plant or equipment of a proprietary nature
where no suitable alternative supplier exists.
8.1.5. The ongoing maintenance, updating and support of existing ICT
hardware and/or software that are proprietary in nature and no
suitable alternative supplier exists.
8.1.6. The Contract provides in writing for an extension to the length of
the Contract’s term and the following conditions are met:
a. the extension is for substantially the same works, goods
and/or services provided in the original Contract;
b. the financial terms for the extension are as agreed in the
original Contract;
c. the length of the extension is not longer than that permitted by
the original Contract;
d. the total value of the extension is not more than the total
value of the original Contract; and
e. such extension would not breach the Public Contracts
Regulations 2006 (as amended).
8.1.7. The Contract is for the execution of works or the supply of goods
or services certified by the appropriate Executive Director to be
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required so urgently as to preclude the invitation of tenders or
quotes. A record of the decision shall be retained by the service
and a copy sent to the Assistant Director Procurement and
Commissioning. For the avoidance of doubt urgency caused by a
lack of proper planning to enable sufficient time to retender a
Contract is not acceptable justification under this Rule 8.1.7 and
in such circumstances a waiver under Rule 1.8 will be required.
8.1.8. Special educational needs or social care contracts if, in the
opinion of the responsible officer, following consultation with the
Assistant Director Procurement and Commissioning, it is
considered in the Council's interest or is required to meet
obligations under the relevant legislation.
8.1.9. Where a single supplier may be used in accordance with EU
procurement law.
8.2. With the exception of procurements using framework agreements under
Rule 8.1.1 the Executive Director must be able to demonstrate that any
decision not to seek competitive tenders fully complies with this Rule 8,
was reasonable in all the circumstances and was in the best interests of
the Council. The decision must be recorded in writing and all
documentation supporting the decision must be retained.
8.3. In the event of the use of the exception, the requirement to comply with
the Regulations and Directives remains. A voluntary award notice without
competition should be published for any exception granted that is in
excess of the OJEU threshold, the procedures leading to the award under
the Regulations must be followed.
9. Approval to Tender
9.1. No tendering process shall commence without the formal approval of the
Strategic Procurement Board and Cabinet as required by Rule 9.2 and 9.3
below.
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9.2. A business case must be produced for all Contracts with a Contract value
above the EU Procurement thresholds for supplies or services Contracts
or £1,000,000 for works Contracts. The business case must be submitted
to the Assistant Director Procurement and Commissioning who will report
it to the Strategic Procurement Board for approval.
9.3. All Contracts with a Contract value of more than £1,000,000 are key
decisions the business case following approval by the Strategic
Procurement Board must be reported to Cabinet for approval to
commence the tendering process.
10. Invitations to Tender & Advertising
10.1. Services must notify the Assistant Director Procurement and
Commissioning each month of all Contracts to be let in the next 6 months
on a rolling basis. Corporate Procurement must be consulted on and, at
the discretion of the Assistant Director Procurement and Commissioning,
may take lead responsibility for all procurements above the EU thresholds
for services or supplies and above £1 million for works.
10.2. Where a competitive tender process is to be undertaken tenders will as a
minimum be advertised as follows:
Estimated Contract Value Advertising Requirements
Contracts up to the EU Threshold
1. www.londontenders.org
2.
Contracts above EU thresholds Compliance with EU advertising rules including issue of Prior Indicative Notice and Contract Notice in the Official Journal of the European Union (OJEU) (via the Council’s tendering portal – www.londontenders.org ), where applicable.
10.3. Services may also consult the Assistant Director Procurement and
Commissioning to discuss any additional appropriate forms of advertising
for individual Contracts.
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10.4. In exceptional circumstances where e-tendering is not used every
invitation or notice to tender shall state that all tenders must be received in
a sealed envelope marked “Tender” followed by the subject to which it
relates, the deadline date and time (normally 12 Noon) for receipt and
shall not identify the sender.
11. Receipt of Tenders
11.1. Where tenders have not been carried out electronically, officers must
contact Corporate Procurement to agree the process for receiving such
tenders.
12. Opening of Tenders
12.1. Where the Council’s electronic tendering system has been used only
those officers authorised within the system to accept tenders shall do so
once the closing date and time has passed.
12.2. Where tenders have not been carried out electronically, officers must
contact Corporate Procurement to agree the process for opening such
tenders.
13. Award of Contracts
13.1. All proposed Contract awards that are key decisions in accordance with
Article 13 of the Constitution and the Council’s financial thresholds for key
decisions in Part 5 of the Constitution must be reported to the Strategic
Procurement Board for approval before being reported to Cabinet.
13.2. Subject to 13.1 and 13.3, and the caveats set out in paragraph 6.5.2 of
the Council’s General Scheme of Delegation the table below sets out the
delegated powers of officers to approve Contract awards. These
thresholds will automatically be varied with changes to the Council’s
General Scheme of Delegation.
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Estimated Contract Value Authorisation required
Up to £10,000 Team Managers/Cost Centre Managers
Up to £50,000 Group Managers/Unit Managers
Up to £250,000 Divisional and Assistant Directors, Head of Legal and Democratic Services, Chief Information Officer
Up to £500,000 Chief Executive, Executive and Corporate Directors
Up to £1 million Chief Executive, Executive and Corporate Directors and one of Chief Executive, Chief Finance Officer or Monitoring Officer
Subject to Article 14.4.2 of the Constitution all officers may approve and
sign any Contracts up to the maximum value allowed in this table for their
level of delegated authority. Any officer approving a Contract award shall
sign a Contract Award Report (in the form of the template in the
Procurement Manual).
13.3. All Contracts must be awarded based on the advertised evaluation criteria
included in the advert or invitation to tender documentation and cannot be
changed after the receipt of submissions.
13.4. Where a tender/quote that is recommended to the Executive Director for
acceptance by the relevant Head of Service or their authorised deputy is
in excess of the approved estimate but can be amended to fall within the
estimate by a minor adjustment to the approved works, goods or services,
the tender can only be accepted with the agreement of the Director of
Finance and the Head of Legal and Democratic Services to the proposed
adjustments.
13.5. Where a Contract has been tendered in accordance with EU Procurement
the Contract cannot come into force until a mandatory “standstill” period of
at least ten calendar days has elapsed from the date of notifying tenderers
in writing of the Contract award decision.
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14. Post-Tender Negotiations
14.1. Post-tender negotiations may only take place if the tender documents
allow for negotiation and the basis for such negotiation or such
negotiations otherwise comply with the EU and domestic law.
14.2. In all other circumstances, all valid tenderers should be invited to re-
tender on a revised specification.
15. Award of Contracts – Notification
15.1. When a Contract is awarded, all services must:
15.1.1. Where applicable, publish the Contract Award Notice in OJEU.
15.1.2 Conclude the Contract and promote to the Council’s Contract
register via the Councils e-tendering system unless the Assistant Director
of Procurement and Commissioning has approved a manual tender or
the procurement was via another e-tendering system.
16. Form of Contracts and Standard Terms
16.1. All orders/Contracts and grants shall be authorised through SAP (EBP
module) unless the process specifically excludes this.
Form of Contracts
16.2. All Contracts must be in writing or an official order in lieu and a copy kept
by the relevant service or held electronically. All Contracts over £75,000
in value shall be in a form approved by the Head of Legal and Democratic
Services and the original shall be held by the Head of Legal and
Democratic Services in accordance with Rule 3.2.
Sealing of Contracts
16.3 Contracts with a total value of more than £100,000 will be executed under
seal in accordance with article 14 of the Councils Constitution unless
the Head of Legal & Democratic Services approves otherwise.
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16.4 Where the value of the Contract exceeds the EU Threshold, and such
other circumstances as the Assistant Director of Procurement and
Commissioning or Head of Legal and Democratic Services may
advise, the Contract must not be entered into with the successful tenderer
unless and until the mandatory standstill period has elapsed without a
challenge from an unsuccessful tenderer.
Terms and Conditions
16.4. Every written Contract or official order in lieu thereof shall specify:
16.4.1. the works, goods, services or materials to be supplied or
performed;
16.4.2. the price to be paid with a statement of discounts or other
deductions;
16.4.3. the duration of time or times within which the Contract is to be
performed; and
16.4.4. the place or places for delivery or performance.
16.4.5. the terms and conditions that apply to the Contract.
16.5 Every written Contract shall include a clause which gives the Council the
right to immediately terminate the Contract if the Contractor, or any of its
employees or agents, commits an offence under the Bribery Act 2010.
Appropriate clauses are included in the Council's standard terms and
conditions of Contract.
16.6 Every written Contract shall include a clause requiring any sub-Contractor
permitted to be employed by the Contractor to be paid by the Contractor
within 30 days of the issuing of a valid invoice.
16.7 There may be occasions where it is necessary to use a supplier’s terms
and conditions of Contracts. The use of such terms must be approved by
the Assistant Director Procurement and Commissioning and the Head of
Legal and Democratic Services
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Insurance
16.8 All Contracts must require the Contractor to maintain the Council’s
minimum acceptable levels of insurance for the duration of the Contract.
The minimum acceptable levels of public liability, employers liability and
professional indemnity insurance cover will depend on the risks associated
with the Contract and must be approved by the Council’s Insurance
Manager prior to the commencement of the procurement exercise. .
16.9 Officers responsible for the Contract management and monitoring process
are required to obtain copies of the Contractor’s insurance documents
prior to the Contract being let and must ensure that these remain current
for the duration of the Contract. This officer must also ensure that current
copies of the insurance documents are held on the Council’s e-tendering
system.. If there is any doubt regarding a Contractor’s level or validity of
insurance cover, the Contract manager must seek advice from the
Council’s Insurance Manager before accepting the documents.
17. Variations to Contracts
17.1. All Contract variations must be carried out within the scope of the original
Contract. Contract variations that materially effect or change the scope of
the original Contract are not allowed. All Contract variations must be in
writing and signed by both the Council and the Contractor except where
different provisions are made within the Contract documentation. The
value of each variation must be assessed by the Authorised Officer and all
necessary approvals sought prior to the variation taking place in
accordance with clause 6.8.1 of the General Scheme of Delegation.
Advice should be sought from the Assistant Director Procurement and
Commissioning and the Head of Legal and Democratic Services when
considering whether the proposed variation is lawful under the EU
procurement rules
17.2. Cabinet must agree variations that are key decisions.
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18. Claims from Contractors
18.1. Claims from Contractors in respect of matters not clearly within the terms
of any existing Contract shall be referred to the Head of Legal and
Democratic Services for consideration of the Council’s legal liability and,
where necessary to the Director of Finance for consideration, before a
settlement is reached. No payment will be made to a Contractor without
the appropriate decision made by either Cabinet, where the matter is a
key decision, or an authorised officer under the Council’s Scheme of
Delegation.
19. Bonds and Other Security
19.1 Every Contract exceeding £500,000 in value (or Contracts of lower value
where the Director of Finance considers it necessary) for works, services,
goods or materials to be provided otherwise than at one time, shall require
a form of security based on the risk of the Contract. Advice should be
sought from the Assistant Director of Finance and Head of Legal and
Governance, to determine the degree of security (if any) required to protect
the Council from a Contractor default. The decision will be based on the risks
associated with the Contract, for example:
' The value of the Contract
' The type of goods / services / works being procured
' The payment profile for the Contract
' The financial strength of the company
' Affordability and proportionality
19.2 The security required may be a performance bond or in the case of a
subsidiary a parent copy guarantee. Affordability and proportionality must
always be taken into consideration when deciding whether some form of
financial security is appropriate and required.
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20. Partnerships / Shared Services
20.1. In normal circumstances, only the Council’s Cabinet or committees and/or
officers with delegated powers may make procurement decisions including
decisions to enter into a Contract on the Council’s behalf.
20.2. Unless a partnership or other body has a separate legal identity from the
Council and has delegated, Contractual or statutory authority to act on the
Council’s behalf;
20.2.1. the partnership or body can only make recommendations to the
Council in respect of the procurement of goods, services and/or
works;
20.2.2. the Council will then decide whether to procure those services
and will comply with these Rules; and
20.2.3. the Council and the Contracting service and manager remain
legally and financially accountable for the Contract.
21. Contract or Grant/Funding Agreement
21.1 Under a contract for supply or services the Council receives a benefit
usually in return for an agreed sum of money. The supply or services are
specified by the Council, under terms and conditions of Contract that will
ensure that the specified supply or service will be delivered and will allow
the Council to sue the contractor for breach of contract should there
supply or service not be delivered as agreed between the parties.
21.2 Under a grant/funding agreement the grant/funding agreement is a
“conditional gift”. The recipient will be entitled to the grant/funding provided
conditions that were agreed between the parties are met. The Council will
be entitled to withhold or reclaim the grant/funding if the conditions are not
met but will not be entitled to take any other legal action (i.e. it will not be
able to sue for breach of contract). Although a formal tendering exercise is
not necessary, considerations of Value for Money, fairness and equalities
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still apply and it may be prudent to undertake some form of competitive
exercise in this regard.
21.3 Whenever the value of a grant exceeds the EU threshold for the supply of
goods or services legal advice shall be obtained (even when previously
approved standard conditions of grant are used) before agreeing to make
the grant, in relation to determining whether the grant may be a Contract
for goods and/or services that should be subject to the EU procurement
rules rather than a grant.
Glossary of Terms:
Authorised Officer(s) means those officers of the Council identified as such
by the Head of Service in the Council’s Scheme of
Delegation to undertake procurement and contracting
on behalf of the Council (including authorisation of
expenditure, preparing and/or negotiating contract
documentation, awarding and signing contracts
and/or managing contracts).
Best Value means the optimum combination of price and quality
identified through the Most Economically
Advantageous Tender (MEAT).
Contract means an agreement between the Council and any
other organisation, including another public authority,
made by formal agreement or by issue of a letter of
acceptance or official purchase order for works,
supplies or services.
E-Auctions/Reverse
Auctions
The use of electronic media to conduct a tendering or
bidding exercise where suppliers are able to bid, in
secure, controlled conditions, for a Contract.
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E-Procurement The electronic system used in the Council to
electronically raise requisitions, purchase orders,
goods receipts and invoice payments.
E-Tendering The carrying out of the tendering process using
electronic means, such as the internet and specialist
e-tendering software applications. It includes
undertaking the tasks of advertising the requirements
for goods and services, registering suppliers, and
issuing and receiving tender documents via the
internet, as well as automating the evaluation of
responses to a tender. Systems also incorporate
Contract management functionality.
EU means European Union.
EU Procurement A procurement conducted in accordance with the
relevant EU Directives and the corresponding UK
legislation including in particular the Public Contracts
Regulations 2006 as amended or replaced from time
to time.
EU Procurement Law means EU Directive 2004/18/EC (consolidated into
English law as the Public Contracts Regulations
2006), EU Directive 2007/66 (consolidated into
English law as the Public Contracts Regulations 2006
(as amended or replaced from time to time), EU
Treaty Principles, relevant case law and any
subsequent directives or legislation relating to EU
procurement.
EU Treaty Principles means the principles of transparency, equal
treatment and non-discrimination in the letting of any
Contract.
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Executive Director A Level A Officer as per the Council’s Scheme of
Delegation
Framework Agreement An agreement with suppliers which sets out the terms
and conditions under which specific purchases can
be made throughout the term of the agreement and
which where necessary has been tendered in
accordance with EU Procurement
Head of Service A Level B Officer as per the Council’s Scheme of
Delegation
OJEU means the Official Journal of the European Union
Project Officer means the officer designated by the relevant Head of
Service as having responsibility for the planning and
co-ordination of any particular procurement project.
For the avoidance of doubt, the Project Officer may
also be the relevant Head of Service. The Project
Officer is accountable for the delivery of the project
on time, within budget, and in accordance with all
relevant internal procurement rules and Public
Procurement Legislation.
Public Procurement
Legislation
means all relevant external procurement rules and
regulations, including the Public Contract Regulations
2006 (as amended), the Local Government Act 1988
Part II, the Local Government (Contracts) Act 1997,
the Local Government Act 1999, the Local
Government Act 2000, the Public Services (Social
Value) Act 2012, the Localism Act 2011 and EU
Procurement Law (including EU Treaty Principles).
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Quotation A formal statement or promise usually submitted by a
potential supplier in response to a request for a
quotation to supply specified supplies, works or
services required by a purchaser at specific prices
within a specific time frame. (A quotation should be
distinguished from an Estimate, which is not a fixed
price).
N.B. A Contract arises on acceptance of a quotation.
Unless otherwise specified a quotation may be
subject to the supplier's terms and conditions of
business and those terms and conditions become
part of the Contract. Therefore a request for
quotations should specify that the quotation is subject
to the Council’s terms and conditions.
Tender Document submitted by an organisation including
business questionnaire, instructions to tenderers,
Contract conditions, specification, pricing document,
form of tender and tenderers’ responses for the
delivery of supplies, services or works in response to
an invitation to tender. This normally involves
submission of a sealed bid to a specified address by
a specified time and date.
Works Includes all construction and repairs in respect of
physical assets (buildings, roads, etc.).
Variation Any alteration, modification, addition to or deletion of
any requirement of the Contract terms or
specification.